Started a project for a GC and submitted 2 unpaid invoices in June and August. Project is currently under a new GC. $10,000 in material is currently sitting on the job site which we invoiced 100% as agreed. We are unclear on which GC to lien or the developer. Should we lien the project with material still there or have the material picked up, then lien.
You should retain a construction attorney to evaluate your legal situation and to provide advice. It appears that you may be late in providing notice of non-payment and to trap funds for your June invoice, but may be able to make proper claim for your August invoice.
The owner and the property could be liable for your claims (if asserted properly and timely). The general contractor (known as the original contractor under Chapter 53 of the Texas Property Code) with liability for your invoices depends on who ordered and accepted the work/materials.
Good luck.